JURIDICTION FOR 138 N.I. ACT

so many judment by s.c. about this topic THE SETTEL LAW IS WHERE EVER COUSE OF ACTION ARISE COM.MAY FILE

IF ANY CHEQ.DISHO. THAN THE BANK OF COMPLANANT WHERE CHEQUE IS GIVEN FOR CASE

THE PLACE WHERE CHEQUE DISHONOURED

SO IF COMPLAINAT BANK AT DELHI THAN U CAN FILE COMPLAIN AT DELHI ALSO

IF ACCUSED BANK AT AHMEDABDA U CAN FILE COM.AT AHMEDABAD ALSO

IF ALL THE TRANSECTION RELATED THE CHEQUE. OCCOURD AT PATNA

U CAN FILE COMPLAIN ALSO FROM PATNA

Check AIR 1999 SC 3762

IT SETTLES THE LAW ABOUT CAUSE OF ACTION IN 138 NIA

there is no such judgment saying that the jurisdiction is to be taken from accused side.

jurisdiction is of the area where the offence has been committed or where some transaction had taken place which resulted in the alleged offence.

Sir, That the complaint filed by you taking the residence of the complainant as jurisdiction is also correct.  There is no need for you to worry you can proceed.  Hon'ble Supreme Court has not given any judgement as stated to you by Court.

i am completly agreed with rupareliya and m.piravi perumal both are corect.

dear friends

The aspect pertaining to the jurisdiction for the filing court can be seen to be clarified by the Honourable SC, which is as under:

K. Bhaskaran v. Sankaran Vaidhyan Balan; for citation is below. = 1999 (6) SCALE 272 (Judgment dated Sept.29, 1999= 1999 ALL MR (Cri) 1845 (SC) = 1999 (4) ALL MR 452 (S.C.)) by K.T.Thomas and Mr. M.B.Shah JJ; decided on 29-9-1999. Section 138 - Criminal Procedure Code, 1973, Sections 177, 178, 179 -Territorial jurisdiction - Dishonour of cheque - Complaint can be filed at any of the place: -

1. Where the cheque was drawn.

2. Where the cheque was presented for encashment.

3. Where the cheque was returned unpaid by drawee bank.

4. Where notice in writing was given to drawer of cheque demanding payment.

5. Where drawer of cheque failed to make payment within 15 days of receipt of notice.

Each of the fine acts constituting offence could be done at 5 different localities. Hence one of the Courts exercising jurisdiction in one of the five local areas can become the place of trail for the offence under sec. 138 of the Act. In other words, the complainant can choose any one of those courts having jurisdiction over any one of the local areas within the territorial limits of which any one of those five acts was done. As the amplitude stands so widened and so expansive it is an idle exercise to raise jurisdictional question regarding the offence under Sec. 138 of the Act. K. Bhaskaran v. Sankaran Vaidyan Balan.

ekamber

Mr Ekamber is correct. The said judgment was approved in a recent case titled Smt Shamshad Begum Vs. B. Mohammed reported in 2008 (4) Civil Court Case SC 567

Please check new judgment of Hon'ble High Court in Harman Electronics Vs National pansonic  MANU/SC/8405/2008

OR

CHECK THE LINK

https://indiankanoon.org/doc/463854/

Mr. Ekamber is correct and it is well explianed with supporting judgement

 In which Place We file the complant before the court in 138 NI act

Mr. pradeep you have the answer in Mr. ekamber's post

how far my knowledge goes a complain U/S 138 NIAct can be filed at any of the following  place: -

1. Where the cheque was drawn.

2. Where the cheque was presented for encashment.

3. Where the cheque was returned unpaid by drawee bank.

4. Where notice in writing was given to drawer of cheque demanding payment.

5. Where drawer of cheque failed to make payment within 15 days of receipt of notice.

i got it , thnx

Yea And Rulling is - 1999 S.C. 3762